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Tuesday, December 3, 2013

Garrity v. Lyle Stuart, Inc. case brief

Garrity v. Lyle Stuart, Inc. case brief summary
353 N.E.2d 793 (1976)

Defendant publishing company appealed from an order of the
Appellate Division of the Supreme Court in the First Judicial
Department (New York), which affirmed a judgment of the lower court
that confirmed an arbitration award granting plaintiff author
compensatory and punitive damages in her breach of contract action.

CASE FACTSThe author and the publishing company
entered into a contract that contained an arbitration clause. A
dispute arose and the matter was heard before arbitrators. The
arbitrators awarded compensatory and punitive damages to the author
even though the contract did not contain any punitive damages
language.

PROCEDURAL HISTORY
The lower court confirmed the award, the appellate division
affirmed, and the publishing company appealed.

DISCUSSION
The court modified the
award and eliminated the punitive damages portion by indicating that
the power to award punitive damages was reserved for the courts.

CONCLUSIONThe order of the appellate division was
modified to vacate the award of punitive damages and otherwise
affirmed.

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